The aunt of murdered toddler, Tavia Michella Ximenes Da Costa, has been granted bail despite strong police objections.
The child was just two weeks off her second birthday when she was found dead in bed on October 13 and her mother’s partner Januaria Sarmento Ximenes (29) is charged with her murder.
The mother, 21-year-old Suzi Augusta Jacinta Da Costa, is charged with manslaughter and along with her sister Suzana Da Costa Ximenes (24) is jointly accused of causing the death of the child and knowing she died by an unlawful act.
All three, who resided at Windmill Court, Dungannon are accused of wilful ill-treatment between August 1 to October 13.
It was previously explained how Ximenes wasn’t Tavia’s father but began a relationship with Da Costa in June, moving in with her and her sister in August.
On the morning in question, Da Costa rang her mother saying there was something wrong with Tavia who told her to go to hospital.
Da Costa, who was “normal and calm”, refused instead asking her mother to come to the house.
She arrived with her bother and were met by Ximenes who, calm and emotionless said: “Let’s resolve this as a family”
Tavia’s grandmother saw her in bed covered with a blanket and believed she had been dead some time.
Her brother rang 999 while Ximenes told him: “I’m a good man. That’s why I saved your niece.”
An ambulance crew arrived, who notified police, and the defendants were arrested.
A post mortem found Tavia died from brain injury caused by blunt force trauma.
She was covered in bruises including to her head and face, there were grip marks to her arms, evidence of being shaken and a scald burn on her ear.
Police ascertained Ximenes was in a nightclub the evening before and was “angry and aggressive” when leaving around 2am.
Approximately 30 minutes later a witness heard two women “screaming hysterically” in Tavia’s home.
During interview Da Costa claimed her daughter had fallen and insisted Ximenes “was a great guy”.
She then changed to saying he was violent to her and Tavia, with this increasing from October 9.
Despite this she left the child alone with him on October 10 while she went out.
She didn’t describe any fatal attack on Tavia although claimed her breathing was terrible on Saturday night.
In the morning, Tavia was dead.
Ms Ximenes said she hadn’t seen Tavia since Wednesday, October 8 and went to an all-night party on the Friday then slept throughout Saturday. She changed this to an all-day party after which she remained in her room for 21 hours.
She accepted not liking Ximenes and stayed out of his way, but insisted she didn’t see or hear anything.
A detective refuted this as “a reasonable person would not believe she heard and saw nothing. She lied in interview and changed accounts. She didn’t report Tavia’s death and was prepared to cover it up.
All three accused were refused bail.
Lawyers for Ms Ximenes, however, mounted a fresh application at Dungannon Magistrates’ Court on the basis she faces less serious charges than the co-accused and an alternative address was available.
The detective remained opposed citing concerns she may abscond or interfere with witnesses, some of whom are immediate family.
Despite this, District Judge Francis Rafferty decided Ms Ximenes could be released to a residence approved by police and banned from entering Dungannon.
She will also be electronically tagged, must have no contact with any witnesses, sign three times weekly with police, surrender all travel documents, refrain from using social media and banned from possessing non-prescription drugs.
Judge Rafferty warned any breach would see her returned to custody.
The case is due for mention again on December 11.
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